oldschool
08-16 09:58 PM
I do know recently where a person who got married before his greencard approval and filed his wife's case. He got approved but then three months after his approval; his wife has been sent to local office interview. I'll let you know what the outcome of that will be.
Another person was on F-1 and went straight to greencard through Schedule A. he got married after he filed for 485. Since he didn't have any non immigrant status; he could not bring his wife here. She had to do follow to join and chennai consulate asked all sorts of questions. Tax returns, w2's, letter from employer; when he joined and when he left.
Think of it this way; were you traveling before greencard with same employer? If you were then what would have changed that all of a sudden you don't like it. It would be a more plausible excuse if you didn't travel at all before and they started to make you do it after greencard approval.
Thanks for the reply. We got married before I applied for the greencard and my wife got here under H4 visa during which time visa numbers are unavailable for AOS. This is the reason why she just got applied this July.
I am not working as a traveler for my employer.
We'll await for the outcome of the interview of that person's wife you know. It's really hard to decide at this time because in the long run we'll be definitely applying for citizenship here.
Again, thank you very much.
Another person was on F-1 and went straight to greencard through Schedule A. he got married after he filed for 485. Since he didn't have any non immigrant status; he could not bring his wife here. She had to do follow to join and chennai consulate asked all sorts of questions. Tax returns, w2's, letter from employer; when he joined and when he left.
Think of it this way; were you traveling before greencard with same employer? If you were then what would have changed that all of a sudden you don't like it. It would be a more plausible excuse if you didn't travel at all before and they started to make you do it after greencard approval.
Thanks for the reply. We got married before I applied for the greencard and my wife got here under H4 visa during which time visa numbers are unavailable for AOS. This is the reason why she just got applied this July.
I am not working as a traveler for my employer.
We'll await for the outcome of the interview of that person's wife you know. It's really hard to decide at this time because in the long run we'll be definitely applying for citizenship here.
Again, thank you very much.
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JunRN
12-19 01:09 PM
You will also see "Approval notice sent". It means the card is on the way to your mailbox.
I feel for all of you whose EAD is not yet receive. When my EAD was pending for more than 90 days, I wrote an email to the Ombudsman. I don't know if it helped or not. I just got RFE notice 4 days after sending the email. After replying to the RFE (photos), I got my EAD with no problems.
I feel for all of you whose EAD is not yet receive. When my EAD was pending for more than 90 days, I wrote an email to the Ombudsman. I don't know if it helped or not. I just got RFE notice 4 days after sending the email. After replying to the RFE (photos), I got my EAD with no problems.
sk.aggarwal
02-02 09:37 AM
A# is assigned during I-140 approval process. Unless you get an approved I-140 from your employer it is difficult to get the A#. BTW, I didnt knew my A# so I just left that field blank and sent I-140 Tracking number instead.
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sweet_jungle
12-14 04:25 PM
bump
My wife's EAD was also pending for about 4 months. At infopass, officer said we have to wait. He asked to check back in 10 days.
Within 2 days, status changed to "card production ordered". Before, we had sent expedite request also.
My wife's EAD was also pending for about 4 months. At infopass, officer said we have to wait. He asked to check back in 10 days.
Within 2 days, status changed to "card production ordered". Before, we had sent expedite request also.
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getgreened2010
10-18 12:56 PM
Can anyone tell me how to open an SR so that I can expedite my application on the basis of financial loss. I have applied for AP in august 2010 and I have travel plans in 1st week of December. Thanks in advance.
desi3933
06-18 03:21 PM
I have applied for my H1b extension back in April......Have not heard anything yet........once I get my H1b approval, can I apply for H4 extension from inside the country?? (Is that even required if you are already in AOS pending status?)
No, it not required but maintaining H1/H4 status allows person to remain in USA and apply for appeal if, for some reason, I-485 is denied. Otherwise, person is out of status from the date I-485 was denied.
See above in Blue.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
No, it not required but maintaining H1/H4 status allows person to remain in USA and apply for appeal if, for some reason, I-485 is denied. Otherwise, person is out of status from the date I-485 was denied.
See above in Blue.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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unitednations
03-24 12:07 PM
although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
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bfadlia
01-13 01:29 PM
How on earth did EB3 ROW not move?!
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BPforGC
05-26 02:47 PM
This is the latest on the Visa capture bill.
This thread is to track the progress of S.1085 legislation.
http://www.thomas.gov/cgi-bin/query/D?c111:1:./temp/~c1111gR7Z4::
http://www.govtrack.us/congress/bill.xpd?bill=s111-1085&tab=committees
This recapture bill was introduced in the US senate and it has been referred to the Senate Judiciary Committee. It has ten members with 6 democrats who usually favor immigrants , including the chairman Sen. Charles Schumer, one of the sponsors of the bill. It will clear the committee, no doubt, but how fast?
IV should focus on this legislation getting passed. It has provisions for the unused visas in any category for the oversubscribed quota. This will definitely help reduce the backlog.
Lets focus on getting this bill passed. It is for the people who play by the rules and obey the laws of the country. Who pay taxes and contribute to the economy. Lets try to get this bill passed and capture all the VISAs lost due to the inefficiency of DoL and USCIS.
This thread is to track the progress of S.1085 legislation.
http://www.thomas.gov/cgi-bin/query/D?c111:1:./temp/~c1111gR7Z4::
http://www.govtrack.us/congress/bill.xpd?bill=s111-1085&tab=committees
This recapture bill was introduced in the US senate and it has been referred to the Senate Judiciary Committee. It has ten members with 6 democrats who usually favor immigrants , including the chairman Sen. Charles Schumer, one of the sponsors of the bill. It will clear the committee, no doubt, but how fast?
IV should focus on this legislation getting passed. It has provisions for the unused visas in any category for the oversubscribed quota. This will definitely help reduce the backlog.
Lets focus on getting this bill passed. It is for the people who play by the rules and obey the laws of the country. Who pay taxes and contribute to the economy. Lets try to get this bill passed and capture all the VISAs lost due to the inefficiency of DoL and USCIS.
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swami_nag
02-15 06:46 PM
I agree with the increased demand, but again this isnt a result of the booming economy all these years
This is a result of the same bodyshoppers luring these wives to a profession their MS specialization wasnt based off, why would someone majoring in Electrical Engineering need to be a QA engineer and also get
Weed out these consultants or alteast adjudicate cases carefully to clear the clogged up system
This is a result of the same bodyshoppers luring these wives to a profession their MS specialization wasnt based off, why would someone majoring in Electrical Engineering need to be a QA engineer and also get
Weed out these consultants or alteast adjudicate cases carefully to clear the clogged up system
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chi_shark
09-26 03:42 PM
Why is llc less risk? i know that the legal paper trail requirements are lower... but i dont know of any other major benefit than ability to share profit and loss disproportionate to ownership stake... which could be a double edged sword too... what risk is covered in llc that is not covered in corp?
in fact i chose corp because it was cheaper.... thats it.
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
in fact i chose corp because it was cheaper.... thats it.
I started an LLC earlier this year. Much easier and less risk with an LLC. It is still early to say whether the company will make it to higher grounds or not. But I sure am trying. I have me and my wife as manager members. No employees at the moment.
Best of luck to you all. GC or no GC, we can still make the entrepreneur dream happen.
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NKR
07-04 12:21 PM
I agree, if you are past 180 days since you applied for 485 and if your 140 is approved, it shouldn't matter if your ex employer withdraws 140 now, though I doubt he would.
This is another example of a bad desi employer trying to screw an employee. these stories make me puke. the employer did not have a problem when you found a project, when you negotiated rates and when you worked with the same client for 3 years and now all of a sudden he is holding you accountable. totally unprofessional . sic.
This is another example of a bad desi employer trying to screw an employee. these stories make me puke. the employer did not have a problem when you found a project, when you negotiated rates and when you worked with the same client for 3 years and now all of a sudden he is holding you accountable. totally unprofessional . sic.
more...
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unitednations
04-20 12:11 PM
Since, last august DOL has become weird with even approving eb3 labors. Generally, attornies will put language in the eta 9089 that they will accept three years of experience for each year of bachelors degree missing (this is in line with education evaluators and uscis).
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
This is a very simple assessment.
These days USCIS is trying to stick to the rules, so all people who are trying to beat the system by using wrong credentials are getting stuck. Lawyers have nothing to lose, they will make more money from you.....one from your eb3 application and two from your high risk eb2 application which will eventually be rejected.
This is a very simple assessment.
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ksrk
04-15 08:07 PM
Very sorry to hear this and our prayers are with you...hopefully all this will be settled soon and to your satisfaction.
First thing - try not to stress out about this. Really, your baby's health and your own are far more important than some stupid GC. Keep in mind that the less you stress yourself, the more likely the child birth will go peacefully and well.
Secondly, hire a good lawyer - it is well worth the expense and helps relieve your stress.
Thirdly, if possible, let someone else (such as your husband) drive the "discrimination" lawsuit if you think it is fit...helps give you some line of defense against the problem.
Regarding insurance, the employer must offer you COBRA. Also, not all insurance companies consider (or are allowed to consider) pregnancy as a pre-existing condition.
Keep the good focus in mind - let not this affect your baby. And at the same time, don't leave any option unexplored. There're plenty of suggestions in this thread. Ask your lawyer which ones you must explore...
And GOOD LUCK to you and your family! All will be well!
First thing - try not to stress out about this. Really, your baby's health and your own are far more important than some stupid GC. Keep in mind that the less you stress yourself, the more likely the child birth will go peacefully and well.
Secondly, hire a good lawyer - it is well worth the expense and helps relieve your stress.
Thirdly, if possible, let someone else (such as your husband) drive the "discrimination" lawsuit if you think it is fit...helps give you some line of defense against the problem.
Regarding insurance, the employer must offer you COBRA. Also, not all insurance companies consider (or are allowed to consider) pregnancy as a pre-existing condition.
Keep the good focus in mind - let not this affect your baby. And at the same time, don't leave any option unexplored. There're plenty of suggestions in this thread. Ask your lawyer which ones you must explore...
And GOOD LUCK to you and your family! All will be well!
more...
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mnq1979
06-10 02:41 PM
Thanks, i managed to open a new thread !!!!
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indiandude
10-19 03:55 PM
Hi,
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
Is it possible to apply for both PIO and Indian visa simultaneously. My problem is that my son born in US has to go to India in 60days. If I apply for PIO and if it will not come in 4 weeks is it possible to apply for Indian visa and then go to India on Indian visa ?
Thanks !
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swamy
05-13 04:17 PM
Following the rules as they are doesn't imply there's no injustice or congress can just shut shop and go home. Giving unused visas from EB1 to EB2 is just following rules as they are - just as giving preference to Non-Indian's first is. I get to meet plenty of EB1 & EB2s who are just plain retards so its not 'obvious' that they're going to 'benefit' the greater society at large though the rules were framed hoping that would be the case. Also, EB3s def. have to be labor certfied so they're not displacing anyone - the whole system is such a mess and is being abused so much that things that ought to be obvious & taken granted for have to be reiterated again & again so its just dumb to say 'EB3 is the least qualified of the three and is also the most likely candidate to displace an American'! And if theres a sudden glut in the labor force and plenty of native born well qualified work force is available, there shouldnt be anyone in the GC queue to begin with so there'd be no reason to do away with any quotas - unless one presumes people will be abusing the system all the time.
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sweet_jungle
12-19 06:31 PM
In 4 days ? That is so not NSC .
gcseeker, what was your sequence of delays?
gcseeker, what was your sequence of delays?
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hebron
04-22 07:39 AM
I also got a RFE from nabreska , but finally got approved.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
That's encouraging! I have lot more hurdles than the Bsc + MCA issue. My employer had filed my GC in EB3 and is now willing to refile under EB2, since I was promoted to a senior role. The company attorney though is hesitating to file under EB2, his reasons are as follows:
1. 3 + 3 degree will not be approved under EB2. ( This is in response to my question about using my Bsc + MCA. My current role requires Master's degree or Bachelor's + exp. I do not want to use the experience (9 years) gained from my current employer. So I suggested we could use my master's degree + 4+ years of experience that I have before joining my current employer. )
2. Attorney thinks Software Engineer role (EB3) and Principal Software Engineer role (EB2) are not 50% different. I agree that it is not 50% different. But my question to him was - "Does it (new role) have to be 50% different even if I don;t use the experience gained from the current employer". Haven't heard back from him yet.
Same Bsc + MCA
I think , they do approve , just waste some time and money of everyone , before they approve.
:rolleyes:
That's encouraging! I have lot more hurdles than the Bsc + MCA issue. My employer had filed my GC in EB3 and is now willing to refile under EB2, since I was promoted to a senior role. The company attorney though is hesitating to file under EB2, his reasons are as follows:
1. 3 + 3 degree will not be approved under EB2. ( This is in response to my question about using my Bsc + MCA. My current role requires Master's degree or Bachelor's + exp. I do not want to use the experience (9 years) gained from my current employer. So I suggested we could use my master's degree + 4+ years of experience that I have before joining my current employer. )
2. Attorney thinks Software Engineer role (EB3) and Principal Software Engineer role (EB2) are not 50% different. I agree that it is not 50% different. But my question to him was - "Does it (new role) have to be 50% different even if I don;t use the experience gained from the current employer". Haven't heard back from him yet.
kittu1991
08-26 06:40 PM
As if things weren't enough complex, today my friend told me one more thing about finger prints. His PD is 2004 Sep EB2, so he called USCIS to know the status of his application. Then they told him that his finger prints got expired (as per them they expire after every 15 months). So they will invoke the notice to get him an appointment for finger prints. They also mentioned if finger prints have expired then they can't process the application unless it gets renewed.
Although this is first hand information, I was very surprised and not sure whether or not to believe the information given by USCIS call center.
The information that my attorney gave me was on similar lines. From what she told me its a good sign that I got my biometric appointment for next month when my PD is current. You never know, its USCIS.
Although this is first hand information, I was very surprised and not sure whether or not to believe the information given by USCIS call center.
The information that my attorney gave me was on similar lines. From what she told me its a good sign that I got my biometric appointment for next month when my PD is current. You never know, its USCIS.
reddymjm
10-07 01:42 PM
We have been watching VBs ever since Jan 2005 when priority dates were added.
. 1/1/2005 10/1/2008
------------------------------------
All - C 1/1/2005
CH - 1/1/2002 10/1/2001
IN - 1/1/2002 7/1/2001
ME - C 7/1/2002
PH - 1/1/2002 1/1/2005
ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.
We need a solution now.
India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
. 1/1/2005 10/1/2008
------------------------------------
All - C 1/1/2005
CH - 1/1/2002 10/1/2001
IN - 1/1/2002 7/1/2001
ME - C 7/1/2002
PH - 1/1/2002 1/1/2005
ROW has shown some progress, but CH, IN, ME is behind what was in 2005. Thats almost 4 years after re-introduction of priority dates.
We need a solution now.
India Was in 1998 for some time. Not sure if this is right "IN - 1/1/2002 7/1/2001" .
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